Reckless Driving / Pending 485 - Please Help

[Elam_GC]

I got arrested for DUI charge back in June 2010, got bailed out, and hired a lawyer. During the court process, we were able to reduce the charge to Reckless driving through the cop and solicitor. I did 60 hours of community service, Alcohol & Drug Evaluation and etc. I had completed all the punishment before appearing in front of judge. Today I went to the court and entered the plea and accepted with Reckless Driving without any probation and paid all the fees.

Now related to Immigration, I am waiting for my I-485 (EB3 - India) to be approved. My priority date is July 2003. I have no other criminal record other than this Reckless Driving.

I have following questions.

1. How much it will affect my pending I485 approval? What should I expect from USCIS?
2. On personal side, my wife does not aware any of this. I decided not to tell her because it will create big problem in my marriage life. I wanted to know, if USCIS calls for verification, will they ask both of us for interview or will that be just me? I am the primary applicant.

Does anyone gone through this before? Any input will be greatly appreciated.

[green_mile]

Here is my two cents.

I am sure you must have gone thru hell during the court process, and I am sure you are still not in entirely in peace. Take appointment with good immigration attorney and clarify your questions. you should not rely on answers from open forums for this kind of serious issues. As far as I know you should be OK , but make sure when ever you travel abroad check that box next to have you ever been arrested or convicted.If you don't then you might be in serious trouble if they find it themselves.

Until this kind of things happen to some one then only people realize how fragile is our immigration status in this country, there are millions of people getting convictions for reckless driving but if your green card is in process during this time suddenly this looks like a huge issue.

I am sure I don't need to throw any free advises on how not to repeat this mistake ever again(even speeding)...take care of yourself.

Good luck friend.


Desclaimer: This is not a leagal advise and i am not a lawyer/attorney.

[Elam_GC]

Thanks Green_mile for your kind words. I sincerely appreciate it.

[senram]

DUI could cause an issue in GC process but there should be way for this. Because it is first time CIS may pardon you. It may be tough to hide this with your wife if CIS questions you while processing I485. But some times they may process without any question. But be prepared for the issues. May be you can try to get details about similar cases. Lawyers may have many cases like this and you get the details and prepare. Important is avoid doing any other mistakes.

Thanks Green_mile for your kind words. I sincerely appreciate it.

[jthomas]

you are EB3 :2003 Sleep well.

After some time the records are deleted from your records. you may or may not have a interview for your green card.
Accident cases :- ( i think its 5 years)
Other cases :- (18 months or 3 years)
based on the state rules.

Whenever the time comes, worry then. I know for sure that they would ask during your citizenship process but have not heard of this during green card interview process.

[GCHope2011]

you are EB3 :2003 Sleep well.

After some time the records are deleted from your records. you may or may not have a interview for your green card.
Accident cases :- ( i think its 5 years)
Other cases :- (18 months or 3 years)
based on the state rules.

Whenever the time comes, worry then. I know for sure that they would ask during your citizenship process but have not heard of this during green card interview process.
Reckless driving is considered a misdemeanor - and is considered a part of criminal record. So no deletion after any time.

But I agree that there is no point worrying about it - until your PD becomes current. Even then, it might not have any influence on the GC itself. By then it would have been some time as well, so your anxiety over it and your wife's reaction might be easier too.